Village of Excelsior v. Minneapolis & St. Paul Suburban Railway Co.
Supreme Court of Minnesota
On petition by the village of Excelsior to the district court for Hennepin county an alternative writ of mandamus issued to compel defendant street railway company to stop its cars at the intersection of its railway and George street in Excelsior, when passengers desired to board or leave the cars. From an order, John Day Smith, J., sustaining the demurrer of petitioner to the answer and return, the railway company appealed.
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On petition by the village of Excelsior to the district court for Hennepin county an alternative writ of mandamus issued to compel defendant street railway company to stop its cars at the intersection of its railway and George street in Excelsior, when passengers desired to board or leave the cars. From an order, John Day Smith, J., sustaining the demurrer of petitioner to the answer and return, the railway company appealed. A motion to continue the case for the reason that the notice of argument was not served in time was denied.
1Opinion of the Court
On April 8, 1909, the following opinion was filed:
Per ' Curiam.
Motion to continue the case for the reason that the notice of argument was not served in time. Rule 8 provides that “cases shall be noticed for argument at least ten days before the first day of the term.” If this rule be construed so as to exclude the day of service and include the first day of the term in the computation of the ten days, the notice in this case was duly served; otherwise, not.
In the case of Greve v. St. Paul, Stillwater & Taylor’s Falls R. Co., 25 Minn. 327, it was held that the rule excluded from the…
2Cases cited6 opinions
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- Arnold v. NyeMichigan Supreme Court · 1871
- Castner v. GuntherSupreme Court of Minnesota · 1861
- Minneapolis & St. Paul Suburban Railway Co. v. Manitou Forest SyndicateSupreme Court of Minnesota · 1907
- Coe v. Caledonia & Mississippi Railway Co.Supreme Court of Minnesota · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. O'Hearn v. EricksonSupreme Court of Minnesota · 1922
- Mueller v. Supervisors of CourtlandSupreme Court of Minnesota · 1912
- State Ex Rel. Effertz v. SchimelpfenigSupreme Court of Minnesota · 1934
- Township of Ross v. Michigan United Railways Co.Michigan Supreme Court · 1911
- People v. MahachCalifornia Court of Appeal · 1923
3 more not listed; retrieve them via the Exa API.